ANC vs MK party: Will Zuma’s face appear on the ballot paper?

The Electoral Court will on Monday hand down judgment in the African National Congress’ (ANC) application to have former president Jacob Zuma’s uMkhonto weSizwe (MK) party’s registration as a political party reviewed and declared unlawful.

The ANC and Zuma’s new political home, the MK party squared off in the Electoral Court sitting in Bloemfontein last week.

In their court papers filed in January this year, the ANC claimed the decision taken by Electoral Commission of South Africa (IEC) deputy chief electoral officer (CEO) Mawethu Mosery to register the MK party was irregular.

MK argument

During arguments last week, MK’s legal team consisting of Advocate Dali Mpofu and Advocate Muzi Sikhakhane argued that the ANC approaching the court over its registration was a result of Zuma’s support for the party.

Mpofu argued the ANC “woke up out of that slumber” when Zuma announced that he would campaign for the MK party.

“The only thing that made them wake up from their slumber was the announcement on the 16th of December by former president Jacob Zuma that he would vote and campaign for the MK party.”

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He said the ANC was negligent.

“They did not do what they should have done. The ANC conceded earlier that it did not object to the MK Party’s registration in time, according to the law.”

“What the ANC wants is for this court to put a banning order on MK party and stop it from contesting elections just like what was done to it in 1960,” Mpofu argued.

Mpofu said the ANC wanted a banning order against the MK party and wants to disenfranchise millions of voters because the Zuma’s party may have violated a section of the electoral law regarding its submission of fraudulent signatures when it first applied to be a political party.

“This application is merely a desperate political reaction,” he said, adding that the ANC’s case was an abuse of court processes.

ANC argument

The ANC argued that the MK party erred when it failed to submit a “fresh” application and instead “supplemented” an application that the IEC had already rejected.

ANC Advocate Sesi Baloyi pleaded for the outcome they want: for the decision to register the MK Party as unlawful.

Baloyi said the IEC already rejected an application and it did not have the power to invite the MK party to supplement its application.

The ANC said if they succeed in the case they want to see the de-registration of the MK party.

ANC vs MK

ANC secretary-general Fikile Mbalula defended his party’s litigation, accusing the MK of theft.

The governing party has been at odds with Zuma since he announced that he would be campaigning for the MK party in this year’s provincial and national elections on 29 May

Zuma, who is the MK party’s presidential candidate, was subsequently suspended by the ANC in January.

Mbalula is expected to address the media at about 1pm following the judgement by the Electoral Court.

The logo and trademark dispute is a separate case and will reportedly be heard by the KwaZulu-Natal (KZN) High Court in Durban on 27 March.

Additional reporting by Molefe Seeletsa

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